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Unfair Trading Practices and the EU LawThe objective of the European friendly relationship is to establish a commonalty merchandise with a prize level of combat and integrating of economic performance . The European Commission enacted some rules , so as to promote militantness restrain anti - competitive demeanour and thwart undertakings enjoying a overabundant identify , from engaging in anti - competitive activities . The European Commission imposed these rules by dint of denomination 82 ECHowever , in that location is no clear explanation with regard to controlling rate Experts analyse laterality on the basis of the harvest grocery store place place place , the br geographic market and the temporal encipher . The provisions of Article 82 EC do non reverse companies to be in a prevailing identify , except they prohibit the misapply of much(prenominal) stick or the exploitation of dominance by companies and undertakingsDominant face basis be construed , in the mount of trade as a put down of considerable forcefulness , which is enjoyed by a connection or undertaking , in to influence trade relating to a accompaniment product in a geographical market , such as the EU . Article 82 EC concerns the cry of a dominant do by companies whence , in the absence of such dominance there brush off be no abuseThe ECJ naturalised the principle of dominant position , for the scratch time , in the crusade of coupled Brands . This case , which is practically referred to in the EC Competition law , covers the description of the market , the nonion of a dominant position and other aspects of abuse under Article 82 EC . The United Brands federation was alleged to excite ab employ its dominant position . This association imported unaged Chiquita brand of Latin American bananas into the EU . It supplied these unripe bananas to the consentaneous deal distributors in some(prenominal) Member States of the EU in large quantities . The whole change distributors purchased these bananas , from the association , while they were putting discolour and unripe . Subsequently , they used their own techniques to ripen them and allow them to retailers .

In the year 1975 the European Commission came to the conclusion that the attach to had violated Article 82 EC . The United Brands caller-up challenged this finish of the Commission and contended that it did not enjoy dominance . tho , it denied the charges of having abused a dominant positionThe case was referred to the ECJ , which held that the friendship enjoyed a dominant position in the market . It defined the pertinent market as the retail market in which the sale of bananas to consumers took place . The company did line of credit with distributors and not with retailers or consumers , which indicated a dominant position . moreover , it did not carry endanger any business cost in the retail market , but engaged in trade terms to come to the fore bananas to wholesale distributors . Therefore , the company had abused its dominant position . The Court based its decision on Article 82 EC , and held that the company had use its dominant position in the common market to stop effective competition in the relevant market . yet , it was held by the ECJ that the company had acted singly of its...If you want to get a full essay, order it on our website: Orderessay

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